Read the full judgment text of FAMV57/2016 on BabelCite. This Court of Final Appeal judgment was delivered on 18 April 2017 before Mr Justice Tang PJ, Mr Justice Fok PJ, Mr Justice Bokhary NPJ.
Civil procedure – leave to appeal – great general or public importance – compensation for extinguished marine rights – meaning of 'godown purposes' – valuation assumptions – Court of Final Appeal – The applicant Penny's Bay Investment Co Ltd had marine rights extinguished in 1995 and claimed compensation. Preliminary issues were resolved by the Court of Final Appeal in 2010. In 2014, the Lands Tribunal awarded compensation; both parties appealed to the Court of Appeal, which ruled in 2016. Both parties sought leave to appeal to the Court of Final Appeal. The Appeal Committee granted leave on two questions only: (1) the meaning and scope of 'godown purposes' in the context of permitted land use; (2) whether the Court of Appeal correctly held that factual assumptions ordered by the Court of Final Appeal could not lead to differences in before and after valuations. Leave refused on all other proposed questions. Costs of the leave applications ordered to be costs in the appeals.
Legal issues: Leave to appeal threshold for questions of great general or public importance
Outcome: Leave to appeal granted in part on two questions; leave refused on all other questions.
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